The 3 DsDisputeDefaultDebarment
The 3 Ds- Dispute,Default &Debarment
DISPUTELate DeliveryRefurbished EquipmentDamage ShipmentIncorrect invoicingNon-payment*Did not meet specificationUnauthorized substitutionTime of Delivery inappropriate
DISPUTEReview contract Notify vendor of dispute based on the contractFollow-up with formal Procurement Complaint to vendor and cc the Compliance Officer
DISPUTEWhen the Vendor have a Dispute with the BUYER!!!!!
Dispute w/ BuyerTerminate for ConvenienceCosts for the VendorThe contractor must submit any termination claim within 120 days after receipt of the notice of termination, or such longer period as the state for good cause may allow. This claim will be in a form and with certifications prescribed by the purchasing office that issued the purchase order. The claim will be reviewed and forwarded with appropriate recommendations to the requisitioning agency and/or the appropriate assistant attorney general for disposition in accordance with the Code of Virginia, 2.2-514. Termination for convenience claims will be considered for only actual expenses incurred up to the time of termination.
DEFAULTIf the dispute is resolved, then the complaint is closed.If the dispute is not resolved, then issue a Cure Letter.Remember a Cure Letter can be presented with a complaint.
DEFAULTIf the Cure period comes and go without a resolution, then the next step is a formal default noticeProceed with Termination for Default (letter)Request Reprocurement Cost from vendor
DEFAULTSUSPENSIONSuspension is a type of ineligibility based upon adequate evidence that a vendor has committed any of the grounds for debarment as listed in this manual under paragraph 7.20. In the event that an indictment against a vendor or its principles exists for any of the reasons listed in this manual, paragraphs 7.20 m., n., or o., the indictment shall constitute adequate evidence for suspension. The period of suspension shall not exceed one year unless requested by the Office of the Attorney General. The process for suspension will be governed by the same procedures used for debarment/ineligibility. 7.24 Vendor Manual
DEBARMENTBreach (including anticipatory breach) of contract with a state agencyAny cause indicating that the individual or firm is not a responsible vendorFailure to pay re-procurement costs pursuant to a contract termination for default
The TOP 3
WHO CAN DEBAR?
DPS DIRECTORVITAVDOT ROAD AND BRIDGESABCLocal governments & Political Subdivision must establish own policy & procedure
DEBARMENTAgency can request debarment for vendors that defaulted on a contractVendor has right to review file before debarmentVendor can Appeal of Ineligibility or Disqualification Determination or Debarment (Code of Virginia, 2.2-4357)Make sure that you keep good records
REINSTATEMENTA debarred individual or firm can apply for reinstatement at any time in writing to the debarring official citing actions taken to remedy the reason for debarment or prevent recurrence of the situation that caused the debarment action to be taken and otherwise indicating that lifting or suspension of the debarment would be in the best interest of the Commonwealth. Examples of actions that the Director may take into consideration include, but are not limited to:
a.Repayment by a debarred contractor of additional costs resulting from a default action for which the contractor had previously failed to reimburse the Commonwealth and was debarred.
b.Disassociation with individuals or firms that were responsible for the debarment.
DIVISION OF PURCHASES & SUPPLYCONTRACT COMPLIANCEValerie S. Deloach, CPPO,CPPB,VCO804-225-4045Valerie.firstname.lastname@example.org